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Terms of Use

Planna, Inc. (hereinafter "Planna") hereby sets forth the following terms of use in relation to the use of the online art workshop service to be provided on the platform, "ARTUTA", operated by Planna (hereinafter "Online Workshops") by a user (hereinafter "User") (hereinafter these "Terms of Use"). User must carefully read these Terms of Use and the privacy policy separately provided by Planna (hereinafter "Privacy Policy"). User shall be deemed to have agreed to these Terms of Use at the time when User makes an application to register as a member in respect of the Services.

Article 1 (Scope of Application of these Terms of Use)

Paragraph 1

The scope of application of these Terms of Use includes Planna's websites in relation to the Services (hereinafter this "Website"), applications provided by Planna, and information transmitted by Planna to User through e-mail messages, documents, etc.

Paragraph 2

If there is an individual agreement between Planna and User separately from these Terms of Use (hereinafter "Individual Agreements"), the provisions of the Individual Agreements shall prevail. However, the provisions of the Individual Agreements shall not prevail over the Privacy Policy.

Article 2 (Request form in respect of the Service)

Paragraph 1

When applying for the Services, User shall apply with a request form in respect of the Services in accordance with the procedures stipulated by Planna. In User’s application for such request, User must acknowledge and agree to the following:

* To confirm that User’s communication environment does not interfere with User’s use of the Services;

* Planna has the right to record necessary information, such as the contents of classes taken by User, in order to ensure or maintain consistency of the Services;

* Planna may check the contents of classes, etc. during classes for purposes of ensuring smooth provision of the Services and improving the quality of the Services;

* Planna has the right to provide User with notices, advertisements, questionnaires, etc. pertaining to the Services by e-mail;

* Planna has the right to record, tape-record and retain the contents, etc. of inquiries from User in order to improve the quality of its customer support services, etc.

Paragraph 2

Membership registration in respect of the Services shall be deemed to have been completed upon Planna’s dispatch of a notice of acceptance by e-mail.

Paragraph 3

Planna may reject an application for registration if any of the following applies to User. For the avoidance of doubt, Planna may, in such a case, cancel a registration even if the registration has already been completed.

* If User does not exist;

* If User makes a falsification, clerical error or omission in the process of registration;

* If User has previously been de-registered by Planna;

* If a credit card designated by User does not exist or the use thereof has been suspended;

* If User has failed to make payment in the past;

* If User is a minor, adult ward, person under curatorship or person under assistance, and has not obtained the consent of his/her parent or legal guardian, etc. for the registration;

* If User is or is likely to be an organized crime group, an affiliated company of an organized crime group, a corporate extortionist (sokaiya) or any other similar person or constituent member thereof;

* Other cases which Planna deems inappropriate for a user of the Services.

Paragraph 4

User may, after completion of registration in respect of the Services or the elapse of the Period of Partial Use, start taking Online Workshops at a paid member's price as a paid member from the date on which the initial payment of the enrollment fee for the Services and the basic fee for one (1) Period of Use, paid by User in accordance with Article 3 of these Terms of Use, have been received by Planna as confirmed on Planna’s system (hereinafter "Use Commencement Date").

Article 3 (Change to Registration Information)

If it becomes necessary for User to change his/her inquiry information, he/she shall follow the procedures stipulated by Planna for changing such inquiry information without delay. Planna shall not be liable for any damage suffered by User as a result of User’s delay in implementing such change procedures.

Article 4 (Service Usage Fees)

Paragraph 1

The fees for using Online Workshops shall be the amounts of the usage fee for each class, additional teaching materials expenses and other amounts as separately stipulated by Planna, depending on the User.

Paragraph 2

User shall pay the usage fee after confirming the amount via an email sent from Planna.

Paragraph 3

The second and subsequent basic fees shall be automatically settled on the first day of the Period of Use in accordance with Article 5.

Article 5 (Payment Method, Refund and Return of Use Fees)

Paragraph 1

User must pay to Planna the fees for using Online Workshops by credit card.

Paragraph 2

Notwithstanding the preceding Paragraph, User may, with Planna’s agreement, pay the fees for using Online Workshops by bank transfer.

Paragraph 3

Planna shall not refund to User any usage fees already paid by User. In addition, it will not accept any return of teaching materials already purchased by User.

Article 6 (Classes)

Paragraph 1

One (1) Online Class will usually be 50 minutes long. However, certain Online Workshops may be shorter or longer. Class hours will be indicated at the time of booking. In no case will Online Workshops be interrupted unless otherwise specifically indicated.

Paragraph 2

If User does not respond to any communication from Planna or a teacher who is in charge of an Online Class after the commencement of such class, Planna shall deem the User absent from class. Planna shall suspend the class at that point. Notwithstanding such suspension, Planna Coins used for the Online Class shall be deemed to have been expended by User.

Paragraph 3

Planna may, if a teacher is unable to conduct any class booked by User due to unavoidable circumstances, assign a substitute teacher upon giving notice to User by telephone or e-mail or other means of communication to the extent possible. In such a case, User may cancel the class before commencement of the class

Paragraph 4

If User is regularly absent for classes, Planna may issue a warning and/or an advisory for improvement, etc. to User. If User fails to follow such advisory, etc., Planna may take the measures.

Paragraph 5

User shall participate in Online Workshops from an appropriate environment.

Article 7 (Substitute Classes)

Paragraph 1

Planna may provide substitute classes to User in the following cases:

* If class hours are significantly reduced for reasons attributable to Planna or a teacher;

* A teacher in charge of a class booked by User fails to conduct the class. However, Planna may assign a substitute teacher upon giving notice to User by telephone, e-mail or any other means of communication to the extent possible. If User takes the class of such substitute teacher, no substitute class shall be provided;

* (In the case of a corporate contract) if the provision of substitute classes is stipulated in the contract;

* In other cases where Planna deems it appropriate to provide substitute classes.

Paragraph 2

Notwithstanding the preceding Paragraph, Planna shall not provide User with substitute classes in the following cases:

* When a class cannot be effectively conducted due to a failure in communication, but Planna is unable to confirm that such communication failure had been caused by the teacher;

* When User is late for class or leaves a class early;

* When User obtains entitlement to any substitute class by unjust means, such as through the making of a false declaration to Planna.

Article 8 (Booking and Purchase of Classes)

Paragraph 1

The booking shall be deemed to have been made at the time when the booking status of User is indicated on this Website. A booking may be changed or cancelled provided such change or cancellation is made no later than 24 hours before the time of commencement of the Online Class. If a booking is cancelled later than 24 hours before the time of commencement of the class, Planna may refuse a refund request.

Paragraph 2

Online Workshops shall take the form of (i) two (2) or more Users per teacher, or (ii) one (1) or two (2) Users per teacher. If User books one (1) teacher for Online Workshops conducted in the latter format on the basis that User will be the only student for that one (1) teacher, the consent of the initial User will be required before another User may book the same Online Class as the second student.

Article 9 (Prohibited Acts)

Paragraph 1

User shall not engage in any of the following acts when using the Service:

* Transfer, donate, trade, change the name of, pledge or provide as collateral any of its rights to use the Services

* Assign or lend to any third party or allow any third party to use its Password, etc.;

* Damage the reputation or credibility, or infringe on the copyright, patent right, utility model right, design right, trademark right, portrait right or privacy of Planna;

* Act in a manner that is illegal or offensive to public order and morals;

* Interfere with the provision or conduct of the Services;

* Use the Services for commercial profit, or making plans to do so;

* Solicit or encourage any other User or teacher to engage in any illegal act;

* Cause financial or emotional damage or disadvantage to any other User or any teacher;

* Any criminal act and any act that leads to criminality;

* Harassment of a teacher, or engagement in harassment, such as disturbing the conduct of classes, including delinquent acts;

* Attempt to obtain any confidential information not generally disclosed by Planna, such as the terms and conditions of a teacher’s employment, the location of Planna’s call centers and Internet lines, etc.;

* Solicit a teacher to engage in any religious activity, political association, multi-level marketing, etc.;

* Engaging in any act in which User himself/herself or his/her agent attempts to contact a teacher personally, whether online or offline (including the transmission or receipt of e-mail messages);

* Solicit a teacher to work for any service or company that may compete with Planna;

* Abuse or threaten Planna’s customer support staff, or interfere with the conduct of Planna’s customer support operations;

* Photographing, recording or tape-recording classes without Planna’s permission;

* Offering to share personal information with a teacher without Planna’s permission; or

* Engaging in any other act that Planna deems inappropriate.

Paragraph 2

If Planna or a third party suffers any damage due to any act by User in breach of the preceding Paragraph, User shall be liable for and shall hold Planna harmless in all cases from such damages even if User withdraws from the Services.

Article 10 (Penal Provisions)

If any of the following applies to User, Planna may temporarily suspend User’s use of the Services or rescind User’s registration:

* When User commits any of the prohibited acts set forth in Article 9;

* When User breaches any of the provision of these Terms of Use;

* When User delays in the payment of or fails to pay usage fees;

* When User fails to follow the important instructions, etc. of Planna when using the Services;

* When Planna determines that User’s use of the Services is inappropriate for any other reason.

Article 11 (Notification by E-mail)

Paragraph 1

If there is important information pertaining to the Services to be transmitted, Planna shall have the right to transmit an e-mail message containing such information to User even if User has opted not to receive any notices by e-mail, etc. from Planna.

Paragraph 2

Notices transmitted by e-mail will be deemed to have been given when transmitted to an e-mail address specified in User’s registration information (hereinafter "Designated E-mail Address").

Paragraph 3

In no event shall Planna be liable for any failure in the transmission of its e-mail messages to User at the Designated E-mail Address for any reason whatsoever. User shall be liable to compensate Planna for, and hold Planna harmless from any and all damages arising from such non-delivery.

Article 12 (Handling of Registration Information)

Paragraph 1

Planna shall use User’s registration information for purposes of providing the Services and for such other purposes as stipulated by Planna.

Paragraph 2

Planna shall not disclose User’s registration information to any third party without User’s prior agreement, provided that this shall not apply in the following cases:

* When User’s name, age and past records of class participation are used jointly with Planna’s business partners;

* When Planna is required by laws and regulations to disclose such registration information;

* When Planna takes necessary measures, including legal action, against User for User's breach of these Terms of Use;

* When disclosure is necessary for Planna to satisfy any other requirements under laws and regulations.

Paragraph 3

Planna shall handle User’s registration information that falls under "Personal Information" and "Personal Data" in accordance with the terms of the Privacy Policy and the rules on "Handling of Personal Information of Users."

Article 13 (Use of Photographs and Videos)

Paragraph 1

In the course of providing the Services, Planna may for public relations purposes take photographs and videos, mainly of learning scenes, and post them on its websites, SNS, etc. Such photographs and videos may include User’s image and personal information. User’s image and personal information may only be used in moderation in public relations activities for the Services. Upon his/her application for the Services, User shall be deemed to have accepted the above conditions, provided that User may request to opt out of such posting of his/her image and personal information by contacting Planna

Paragraph 2

Planna may record or tape-record classes offered under the Services for purposes of improving the quality and for management of the Services, etc. Upon application for the Services, User shall be deemed to have agreed to the above conditions.

Article 14 (Discontinuation or Termination of the Service)

Planna may discontinue or terminate the Services by giving prior notice through a posting on this Website or transmitting an e-mail message to User.

Article 15 (Liability for Damages)

Paragraph 1

If User breaches these Terms of Use, Planna may claim against User for compensation for direct and indirect damages or losses caused by the breach.

Paragraph 2

In no event shall the amount of damages to be compensated by Planna to User due to deficiencies, defects, etc. in the Services exceed the basic fee paid by User for one (1) Period of Use. (If User uses more than one (1) basic fee plan, such limitation shall be based on the cheapest basic fee plan).

Article 16 (Intellectual Property Rights and Titles)

Paragraph 1

All copyrights, other intellectual property rights and titles in and to the trademarks, logos, descriptions, etc. pertaining to the Services shall be vested in Planna. User shall not use or reproduce the trademark, etc., in magazines or on other websites, without Planna’s prior consent.

Paragraph 2

If User breaches the preceding Paragraph, Planna may take any measure against User based on the Copyright Act, Trademark Act, etc. (including issuing a warning, complaint, claim for damages, demand for injunction, demand for recovery of reputation, etc.).

Article 17 (Exemption from Liability)

User hereby agrees in advance that Planna shall not be liable for any damage arising out of or in connection with the following:

* When User is unable to use the Services satisfactorily (including but not limited to the following cases):

- When such damage is caused by shortage of classes provided due to a rapid increase in Users;

- When such damage arises from a change in the content of classes provided by Planna;

- When User fails to book classes at a preferred timing;

- When User fails to book classes conducted by a preferred teacher;

- When User fails to book classes with preferred contents;

* Unauthorized access to or unauthorized alteration of User’s messages or data, or any other cases caused by an act of a third party;

* The lack of effectiveness, accuracy, truthfulness, etc. of the Services and the classes provided under the Services;

* The effect, effectiveness, and safety or the accuracy, etc. of the services and teaching materials, etc. of other companies introduced and recommended by Planna in connection with the Services;

* When the Services are not available due to defects, issue, etc. with the services provided by Planna's partner company/companies;

* When the Services are unavailable due to the loss or unavailability of Password, etc. as a result of User’s negligence;

* When any dispute or issue, etc. arises between User and other Users or third parties;

* When any information or link provided on this Website is incomplete, inaccurate, out-of-date or unsafe.

* When there is any issue with the contents or usage, etc. of any websites operated by third parties (other than Planna) that are accessed from or linked to this Website.

Article 18 (Indication of Date and Time of Service)

With respect to the Services, all references to commencement date, date of commencement of Period of Use, payment due dates of various fees, closing date of various applications, etc. shall be based on the Pacific Time.

Article 19 (Revisions to These Terms of Use)

Planna may revise these Terms of Use without giving any notice to User. The revised Terms of Use shall become effective when they are posted on this Website, and User hereby agrees in advance to the method of such revision.

Article 20 (Compliance with COPPA)

Planna is in compliance with the Children's Online Privacy Protection Act of 1998 (COPPA), a United States federal law.

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